§ 50.053 USE OF PUBLIC SEWERS.
   (A)   Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as storm sewers or to a natural outlet approved by the Director of Public Services and other regulatory agencies. Unpolluted industrial cooling water or process waters may be discharged on approval of the Director of Public Services to a storm sewer or natural outlet.
   (B)   The introduction of storm water, ground water, or other water not originating in the town water system is hereby prohibited. Yard area drains, connections to downspouts, broken or damaged service pipes, and the like, are specifically prohibited, whether or not they are preexisting. Any known or finable sources must be corrected at the property owner’s expense, if the offending inlet is on his or her property.
   (C)   The Director of Public Services and/or Town Engineer will notify, by first-class mail, each property owner found to be in violation of the requirement to discontinue the inflow. The notice shall specify a date by which the property owner must have the violation corrected. Any person who fails to comply within the time specified is subject to a civil penalty of $500. Each day in which the violation continues beyond the specified time is a separate violation.
   (D)   No person shall discharge or cause to be discharged to a sewer any of the following described substances, materials, waters or wastes:
      (1)   Any liquid or vapor having a temperature higher than 150°F (65°C);
      (2)   Any water or wastes which contain floatable oils, fat or grease in excess of 100 mg/l. Wastewater containing any substance that will solidify or become discernibly viscous at temperatures between 32°F and 150°F;
      (3)   Any gasoline, benzene, naphtha, fuel oil, or mineral oil, or other flammable explosive liquid, solid, or gas;
      (4)   Any water or wastes that contains more than ten parts per million by weight of the following gases: hydrogen sulfide, sulfur dioxide, or nitrous oxide;
      (5)   Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the wastewater facilities, such as, but not limited to, ashes, bones, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, lint, rubber, ungrounded garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders;
      (6)   Any waters or wastes, acid or alkaline in reaction, and having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the wastewater disposal system. Free acids and alkalis of such wastes must be neutralized to a pH of between 5.5 and 9.5 at all times;
      (7)   Any waters or wastes that contain phenols in excess of 0.50 parts per million by weight (500 parts per billion). These limits may be modified if the aggregate of contributions create treatment difficulties or produce a plant effluent discharge to the receiving waters which may be prohibitive;
      (8)   Any waters or wastes containing a toxic or poisonous substance in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters or the effluent of the wastewater treatment plant. Materials such as iron, chromium, copper, zinc, nickel, cadmium, aluminum, and silver, and similar toxic or objectionable substances, shall be limited to the following average quantities and at no time shall the hourly concentration exceed three times the average concentration. The contributions from individual establishments are subject to control in volume and concentration by the local government. Other limits may be established as necessary by the Director of Public Works:
Parts per Million
Parts per Million
Aluminum
5.00
Cadmium
0.10
Chromium as Cr (hexavalent or trivalent)
0.10
Iron as Fe
5.00
Lead as Pb
0.10
Nickel
0.10
Silver
0.10
Zinc as Zn
0.50
 
      (9)   Any cyanides, in any quantity or concentration without the express permission and approval by the local government;
      (10)   Any waters or wastes containing suspended solids of such character and quantity that unusual provision, attention or expense is required to handle such materials at the wastewater treatment plant;
      (11)   Any noxious or malodorous gas or substance, which either singly or by interaction with other wastes, creates a public nuisance or hazard to life or repair. Any waters or wastes containing odor-producing substances exceeding limits which may be established by the Director of Public Services;
      (12)   Any water or waste so discharged in its rate of volume or in its concentration of suspended solids or of BOD as to cause sufficiently sudden changes in the wastewater as it arrives at the wastewater treatment plant to interfere materially or unreasonably with its proper operation to prevent attainment of effluent limitations or to substantially increase operation and maintenance requirements;
      (13)   Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers;
      (14)   Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Director of Public Services in compliance with applicable state or federal regulations;
      (15)   Quantities of flow, concentrations, or both which constitute a SLUG as defined in § 50.001 of this chapter;
      (16)   Waters or wastes containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed, or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters; or
      (17)   Any water or wastes which independently or by interaction with other water or wastes in the public sewer system, release obnoxious gases, form suspended solids which interfere with the wastewater disposal system, or create a condition deleterious to structures and treatment process.
   (E)   The admission into the public sewers of any waters or wastes and having an average daily flow greater than 5% of the average daily wastewater flow of the town, having: a five-day weight; a chemical oxygen demand greater than 750 parts per million by weight; and/or containing more than 300 parts per quantity of substances having the characteristics described in division (D)(3) above, shall be subject to the review and approval of the Director of Public Services. Where necessary, the Director of Public Services may:
      (1)   Reject the wastes if the waste prevents attainment of effluent limitations or substantially increases operation and maintenance;
      (2)   Require pretreatment to the levels specified in this chapter as acceptable for discharge to the public sewers;
      (3)   Require control over the quantities and rates of discharge to the levels specified in this chapter; and/or
      (4)   Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges.
   (F)   The amount of each waste constituent subject to a surcharge shall be determined in accordance with the following equation:
      PBOD = (IB - 300 mg/l) (8.34 x If)
      PCOD = (IC - 750 mg/l) (8.34 x If)
      PSS = (IC + 300 mg/l) (8.34 x If)
      F = (12f 10% Df)
   Where:
      IB =   Concentration of industrial BOD in mg/l
      If =    Industrial flow in million gallons per day
      IC =    Concentration of industrial suspended solids in mg/l
      P =    Pounds of waste constituent in hundreds subject to surcharge
      F =    Excessive flow subject to surcharge in gallons per day
      Df =    Design flow of the treatment works to which the user's wastewater is discharged in gallons per day
      12f =    Industrial flow in gallons per day
   The amount of the surcharge will be determined by the following equation:
      S = (R x P) + (F x Rq)
   Where:
      S =   Amount of surcharge in dollars
      R =    Surcharge rate per 100 lbs. of constituent
      P =   Pounds of constituent (BOD, COD, SS, or any other applicable parameter) in hundreds
      Rq =    Surcharge rate for excessive flow per 1,000 gallons
   (G)   The amount of surcharge rates shall be as designated by the Director of Public Services and shall be on file in the office of Town Hall.
   (H)   The surcharge rates shall be reviewed at least annually by the Director of Public Services in consideration of the costs of the town incurred by treating the excessive wastes, including fixed charges, debt service charges, and operation and maintenance costs. The Director of Public Services shall review the recommended rates and adopt rates to be charged during the ensuing fiscal year or until revised by the Director of Public Services.
   (I)   The volume of flow used in calculating the amount of surcharge will be based upon the metered water consumption or as determined by the methods described as follows.
      (1)   If the volume of water used by any person in his or her industrial or process operations is substantially the same as the volume secured from the municipal water works system, then the volume of water purchased shall be considered to be the volume of waste discharged. Provided, however, that if a waste discharge flow meter is installed by a person, the measured flow volume shall be considered by volume of waste discharged.
      (2)   If, in the establishment of any person discharging industrial waste into the sanitary sewerage system, a substantial portion of the water secured from the municipal waterworks system is not used for industrial purposes, or is not returned to the sanitary sewerage system, the quantity of industrial waste shall be determined as follows:
         (a)   By meter (or meters) on the water supply line (or lines) to his or her industrial and/or process operations;
         (b)   By a meter (or meters) on the waste line (or wastes lines) from his or her industrial and/or process operations; or
         (c)   Until meters as required under subsections (a) and (b) above, have been installed, an estimate, made by the Director of Public Services shall be made of the proportion of the water purchased which is used for industrial purposes and returned to the sanitary sewerage system.
      (3)   If any person now discharging or proposing to discharge industrial waste into the sanitary sewerage system does not secure his or her entire water supply requirements from the municipal water works system, such person shall install and maintain a meter (or meters) on the waste line (or waste lines) from his or her industrial and/or process operations, or shall install such additional meters on private water supply as required to permit determination of the total quantity discharged to the sewers from both sources under procedures comparable to subsections (1) and (2) above.
      (4)   Any discharge flow meters and appurtenances, and the installation of such, shall be approved by the Director of Public Services.
   (J)   The surcharges shall be based on the analytical results of not less than three 24-hour composite samples collected at the control manhole at unannounced, but approximately equal, intervals during the preceding three months. Samples shall be collected and an analysis shall be made by competent operating personnel at the sewage treatment plant or other persons designated by the Director of Public Services in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater. When requested by the discharger, the samples shall be split to permit analysis by the discharger, or a qualified independent laboratory.
   (K)   Each person discharging liquid wastes into the public sewer shall be subject to periodic inspection to determine the character and concentration of such wastes. The concentration of the BOD, COD, and SS shall be determined by the Director of Public Services in such manner as to provide a typical, representative sample. The costs incident to the supervision, inspection, sampling and analysis for regularly scheduled sampling shall be included in the surcharge fees. The Director of Public Services shall also make inspection and tests immediately after any significant process changes which may affect the quantity or quality of wastes discharged.
   (L)   If the Director of Public Services permits or requires the pretreatment or equalization of waste flow, the design and installation of the plants and equipment shall be subject to the review and approval in writing of the Director of Public Services, and subject to the requirements of all applicable codes, ordinances, and laws.
   (M)   Grease, oil, and sand interceptor sewers shall be provided when, in the opinion of the Director of Public Services, they are necessary for the proper handling of liquid wastes containing floatable oil in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Director of Public Services, and shall be located as to be readily and easily accessible for cleaning and inspection. Where installed, all grease, oil, and sand interceptors shall be maintained by the owner at his or her expense in continuously efficient operation at all times. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal which are subject to review by the Director of Public Services. Any removal and hauling of the collected materials not performed by owner(s) personnel must be performed by currently licensed waste disposal firms.
   (N)   Where pretreatment or flow-equalizing facilities are provided or required for any water or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his or her expense. Pretreatment shall be provided as required in order to:
      (1)   Reduce the BOD to 600 parts per million and the suspended solids to 600 parts per million by weight;
      (2)   Reduce objectionable characteristics or constituents to within the maximum limits provided for in division (B) above;
      (3)   Control the quantities and rates of discharge of such waters or wastes; and
      (4)   No preliminary treatment plant and facility shall be constructed or operated unless all plans, specifications, technical operating data, and other information pertinent to its proposed operation and maintenance shall conform to all local government, U.S. Environmental Protection Agency, North Carolina Division of Environmental Management, and any other local, state, or federal agency regulations, and unless written approval of the plans, specifications, technical operating date, and sludge disposal has been obtained from U.S. Environmental Protection Agency, North Carolina Division of Environmental Management, and any other local, state, or federal agency having regulatory authority with respect thereto.
   (O)   The owner of any property serviced by a building sewer carrying industrial wastes and other users as may be required by the Director of Public Services shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the industrial wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Director of Public Services. The structure shall be installed by the owner at his or her expense and shall be maintained by him or her so as to be safe and accessible at all times.
   (P)   An industry which desires to increase its monthly average wastewater discharge into the wastewater facilities shall obtain prior written approval from the Director of Public Services. Failure to obtain prior written approval shall make the industry concerned susceptible to all penalties stated in §§ 50.110, 50.111 and 50.999 of this chapter.
   (Q)   If the quantity of flow of wastewater from an industry is relatively low in comparison with the capacity of the wastewater treatment plant, the local government may waive the pretreatment requirements of this chapter except that the industry involved shall be required to install such structures and equipment as may be necessary to conform to division (B) above.
   (R)   No statement contained in this subchapter shall be construed as preventing any special agreement or arrangement between the local government and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the local government for treatment.
   (S)   If, for any reason, a discharge does not comply with or will be unable to comply with any of the terms of this chapter, the discharger shall provide the local government with the following information, in writing, within five days of the occurrence of or becoming aware of such condition:
      (1)   A description of the discharge and the use of noncompliance; and
      (2)   The period of noncompliance, including exact dates and times, or if not corrected, the anticipated time the noncompliance is expected to continue and steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge.
   (T)   Whenever required by the local government, the owner of any property serviced by a building sewer carrying nonresidential wastewater and material shall install a large manhole or sampling chamber in the building sewer in accordance with plans and specifications approved by the local government and installed and maintained at all times at the user’s expense. There shall be ample room in each sampling chamber to accurately sample and composite samples for analysis. The chamber shall be safely, easily, and independently (of other premises and buildings of user) accessible to authorized representatives of the town at all times. Where construction of a sampling chamber is not economically or otherwise feasible, alternate arrangements for sampling may be arranged at the discretion of the Director of Public Services.
   (U)   Each sampling chamber shall contain a Parshall flume, weir, or similar device with a recording and totalizing register for measuring liquid quantity; or the metered water supply to the industrial plant may be used as measure of liquid quantity where it is substantiated by the local government that the metered water supply and waste quantities are approximately the same or where a measurable adjustment agreed to by the Director of Public Services is made in the metered water supply to determine the liquid waste quantity.
   (V)   Samples shall be taken every hour or half hour, as determined by the Director of Public Services and properly refrigerated and composited in proportion to the flow for a representative 24-hour sample. Such sampling shall be done as prescribed by the local government to insure representative quantities for the entire reporting period.
   (W)   Minimum requirements for determination of representative quantities or characteristics shall include reevaluation during each 12-month period. The determination of representative quantities and characteristics shall include not less than seven consecutive calendar days of 24 composite samplings taken during periods of normal operation, together with acceptable flow measurements.
   (X)   The sampling frequency, sampling chamber, metering device, sampling methods, and analysis of samples shall be subject, at any time, to inspection and verification by the Director of Public Services.
   (Y) All measurements, tests, and analysis of the characteristics of waters and wastes to which reference is made in this section shall be determined in accordance with the standard methods specified in § 50.001 of this chapter.
   (Z)   The local government may elect, at its option, to have the metering and sample collection done by the industrial plant personnel and have composite samples delivered to an approved, certified testing laboratory for analysis. This procedure can also be terminated at any time by the local government upon reasonable notice.
(Prior Code, § 50.053) Penalty, see § 50.999